Tag Archives: criminal defense

The Bail Process in Texas: What You Need to Know

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When a person is charged with a crime in Texas, the court schedules the trial date and the judge sets the bail amount. The defendant can either choose to stay in custody until the day of trial or pay bail.

Once the bail is paid (or “posted”) the defendant can leave custody and await their trial while free. But, if the bail isn’t posted, the defendant will most likely be held in custody until trial.

It’s important to know that bail isn’t always an option. Defendants are sometimes held without bail. Courts can also release some defendants on personal recognizance. “PR release” allows defendants to await their trial at home without posting any bail at all.

How Bail Amounts Are Set

In Texas, every court has a bond schedule that guides the judges on how to set bail, but judges and magistrates are free to adjust the amount depending on the case. The amount of bail depends on things like the charges being brought against the defendant and the court hearing the case.

Other factors can influence the amount too. Under relatively recent changes to Texas bail laws, judges are required to look at a person’s criminal history before setting bail.

Bail Bonds: How to Get Money for Bail

When it comes to bail, the defendant can either get a cash bail or bond bail. If the defendant has the cash, they simply pay the total amount to the court and get a release with a pending trial. They get this money back after they appear at trial. However, if they fail to appear, the court keeps the money.

If defendants can’t raise the cash, they then apply for something called a “bail bond.” The bail bond agent arranges how the defendant will get a bond bail from the bonds company. The defendant then signs an agreement with the bail bonds company in order to post the bail.

Bail bonds do cost money. In Texas, defendants usually pay about 10% of the total bail amount to the bail bonds company. The bonds company then pays the defendant’s bail. Accordingly, the company becomes responsible and assures the court that the defendant will appear at trial.

Get a Free Consultation With a Texas Criminal Defense Attorney

If you or someone you care about has been charged with a crime in Texas, get legal help as soon as possible. The attorneys of Lee & Wood have decades of experience defending people against a full range of criminal charges in Fort Worth, Weatherford, Granbury and all surrounding areas.

We can help guide you through the legal system and protect your rights at every step of the way. Call 817-678-6771 or email us today. We offer free initial consultations.

The Difference Between Misdemeanor and Felony Charges in Texas

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When you’re facing criminal charges, it’s important to understand the severity of the situation.

In Texas, like other places in the United States, criminal charges can be divided into two main categories: misdemeanors and felonies. Both can have a significant impact on your life, but there are key differences that you should know about.

Texas Misdemeanor Charges are Considered Less Serious Than Felonies

Misdemeanor charges are considered less serious than felonies and often result in less severe penalties. There are many types of misdemeanor offenses, but here are a few examples:

In most cases, misdemeanor charges carry a maximum penalty of one year in jail and a fine.

One important thing to note is that misdemeanor charges may not always involve intent. You can sometimes be charged with a misdemeanor, even if you didn’t intend to commit a crime. For example, accidentally damaging someone else’s property can result in a misdemeanor charge for criminal mischief.

Misdemeanor charges are typically heard in a lower court, such as a municipal or district court. This means the trial process is generally less formal and less complicated than for felony charges.

Texas Felony Charges Can Carry Severe Penalties

Unlike misdemeanors, felony charges are much more serious and carry more severe penalties. Murder, rape, arson and robbery are generally felonies. The penalties for felony charges typically include a minimum of one year in prison and a significant fine. In some cases, the penalties may include life imprisonment or even the death penalty.

Unlike misdemeanor charges, felony charges almost always involve intent. This means that to be charged with a felony, you must knowingly commit a crime. Felony charges are typically heard in a higher court. The process can be more formal and complicated than for misdemeanor charges.

Defense Strategies for Texas Misdemeanors and Felonies

When facing misdemeanor charges in Texas, your criminal defense lawyer may show that the prosecution lacks sufficient evidence, negotiate a plea bargain, or show that you did not intend to commit a crime.

Felony charges need a different defense approach since they carry harsher penalties. Your attorney may challenge the prosecution’s credibility by arguing that there isn’t enough evidence or by presenting evidence that undermines the prosecution’s witnesses.

If you were coerced or forced to commit the crime, your lawyer may argue that you should not be held fully responsible for the offense.

Get a Free Consultation With a Texas Criminal Defense Lawyer

If you’re facing criminal charges, it’s important to speak with an experienced criminal defense attorney who can help you understand your rights. Whether you’re facing a misdemeanor or a felony charge, a qualified attorney can provide valuable guidance throughout the legal process.

The attorneys of Lee & Wood have decades of experience defending people against misdemeanor and felony charges in Fort Worth, Weatherford, Granbury and all surrounding areas. We’ll do everything we can to protect your rights. Call 817-678-6771 or email us today for a free initial consultation.

Exoneration Numbers Highlight the Importance of Criminal Defense Attorneys

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The viewpoint that putting an innocent person in jail is worse than letting a guilty person go free helps shape criminal defense law. It might not be how the jury sees it, however. The number of wrongful convictions that were overturned in 2022 reached an all-time record. Every exoneration is proof that everyone, innocent or not, needs a strong criminal defense lawyer.

Exonerations Are too Rare to Be a Reliable Strategy

A criminal trial and, potentially, an appeal are generally the end of the line. The record number of exonerations set last year was still a meager 238 nationwide. Your best chance of a good result in the criminal justice system is to be found innocent in your initial trial.

As soon as you are arrested or charged, you need to speak to an attorney who understands criminal defense. Misdemeanors, felonies, and juvenile offenses should all be handled by an experienced legal team. You are far more likely to beat the charges by acting quickly than you are by hoping for an exoneration after your conviction.

Unreliable Evidence

According to the Innocence Project, most of the wrongful convictions they’ve helped overturn included eyewitness misidentification and the incorrect use of forensic science. While this type of evidence is not a part of all criminal cases, it’s worth considering that criminal courts can make mistakes.

In addition to evidence problems, the Innocence Project cites coerced pleas, misconduct by government officials, and inadequate defense as problems that can lead to a wrongful conviction. Importantly, each of these issues can be mitigated or even avoided by a skilled criminal defense attorney.

The Right to Remain Silent and Why You Should Use it

False confessions are another key factor in many exonerations. If you’ve never been through the criminal justice system, it might be easy to wonder why anyone would confess to a crime they didn’t commit. There are many reasons why false confessions occur, but most of them are the intentional result of police interrogation tactics. Investigators know how to pressure and even lie to people to get them to admit to wrongs they never committed.

A police interrogation is unlike anything people experience in their ordinary lives. False confessions are often secured after many, many hours of interrogation. People don’t understand what it’s like until they go through it. That’s why it’s always a good idea to remain silent when it comes to police questioning. Nothing you say will get the police on your side. They are only looking for ways to convict you. Saying nothing makes that much harder for them to do.

If You’re Facing Criminal Charges, Contact Us Now

Our Fort Worth criminal defense attorneys have the experience and skill you need. Getting through the criminal justice system takes careful guidance, hard work, and planning.

At Lee & Wood, LP, you will get a strong defense carefully tailored to your situation. The goal is to get the best possible result for you, whether through pretrial negotiations or in the courtroom. Call us to schedule a confidential consultation at 817-678-6771 or contact us online to get started as soon as possible.

When Do the Police Need a Warrant in Texas?

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A warrant is a written order issued by a judge that gives the police the authority to arrest someone or to perform an act that upholds the law. Warrants are powerful documents that are often required, but there are some key exceptions when the police don’t need them.

Types of Warrants

To know when the police need a warrant, it’s important to understand that there is more than one kind of warrant. These different types of warrants allow the police to take different types of action. Here are some key types:

  • Arrest warrants: These warrants empower the police to arrest someone who is accused of a crime. An arrest warrant must identify the person to be arrested and name the crime that they allegedly committed.
  • Search warrants: These warrants empower the police to search a place for evidence of a crime. The place could be your home, the place where you work, your vehicle or your personal belongings. A search warrant must clearly state the place to be searched and the items to be seized.
  • Bench warrants: If you are found to be in contempt of court, a judge may order a bench warrant. There are many reasons a person could be found to be in contempt, but one of the most common is failure to appear at a hearing. If a judge orders a bench warrant, it gives the police the power to immediately arrest you and bring you before the judge to resolve the matter.
  • Blue warrants: In Texas, blue warrants are issued if a parolee has violated parole. There are many reasons that this could have happened, from failure to obtain employment to missing a meeting with your parole officer. 

Exceptions to the Warrant Requirement Under Texas Law

Warrants are not needed in all situations. A common exception is for “exigent circumstances.” This means that a reasonable person would look at the circumstances and believe that quick action was needed to stop physical harm to the police or someone else, to stop the destruction of evidence, or to prevent the suspect from escaping.

Another common exception is for a pat-down search when the police have probable cause to believe that a person is carrying a weapon. In that case, a warrant is not needed for the officer to do a limited search looking for the weapon.

Talk With a Criminal Defense Attorney to Protect Your Rights

If you think your rights were violated by illegal search and seizure, talk to a lawyer about your options. Your lawyer can examine the facts of your case and take action if your rights were violated. For a confidential consultation with the Fort Worth defense attorneys at Lee and Wood, LP, call 817-678-6771 or send us a message today.

What Happens if You Were Arrested, But Not Read Your Rights?

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What happens if the police don’t read you your rights? Can charges against you be dropped? As experienced criminal defense attorneys, these are questions we hear from our clients fairly often. People hope they may be able to reduce the consequences they face because the police failed to follow procedure.

Know Your Miranda Rights

Before you understand what happens when your rights aren’t read, it’s important to know what your rights are. Commonly called your Miranda rights, these rights originate from a landmark 1966 Supreme Court case called Arizona v. Miranda. In the case, a suspect was held and questioned by the police for two hours before confessing to crimes he did not commit.

The case changed criminal procedure in the United States. The procedural changes were written down in the form of a Miranda Warning, which summarizes your Fifth and Sixth Amendment Constitutional rights. The warning has become familiar to almost everyone who has ever watched a detective show:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

Miranda Rights Are Only Required for Custodial Interrogation

Miranda v. Arizona changed criminal procedure by requiring the police to inform suspects of their rights. However, there are limits to this requirement. The police are only required to inform you of your rights “prior to interrogation” if your statement is to be used against you in court.

If the police were not interrogating you in custody—for example, if it was clear to you that you were free to go—then there was no requirement for them to read you your rights.

But even if you were not read your rights, those rights still exist. Even if the police don’t tell you that you can remain silent, it’s generally a good idea to exercise your right to remain silent other than to request an attorney.

A 2022 Ruling That Limits Miranda Lawsuits

Until fairly recently, some people who had their un-Mirandized statements used against them in court were able to file lawsuits under 42 U. S. C. §1983 for violation of their Constitutional rights.

In June 2022, the Supreme Court held that a violation of Miranda rights does not provide the basis for this kind of lawsuit. Still, whether you were read your rights can be an important factor in the outcome of your criminal matter. The best way to protect yourself is to talk with an attorney.

Talk With a Criminal Defense Lawyer to Protect Your Rights

If you think your rights were violated, talk to an attorney about your options. Call 817-678-6771 or send a message for a confidential consultation with the Fort Worth defense attorneys at Lee and Wood, LP.